Marquez v. Sears, Roebuck & Co.

I respectfully dissent. I disagree with the holding that “that the trial court erred in granting the judgment notwithstanding the verdict; but since the parties are in agreement that some new subterranean damage occurred, we believe that the cause should be remanded in the interest of justice.”

After concluding that there is no evidence to support a vital fact, such as the amount of damages, this court cannot properly reverse the judgment and remand for further development of the same or similar evidence. There is no showing on appeal that the evidence had not been fully developed before the…